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SENATE DOCKET, NO. 955 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 456
The Commonwealth of Massachusetts
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PRESENTED BY:
Brendan P. Crighton
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to facilitate climate resiliency.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Brendan P. CrightonThird EssexAngelo J. Puppolo, Jr.12th Hampden1/27/2023Marc R. PachecoThird Bristol and Plymouth1/27/2023Jack Patrick Lewis7th Middlesex1/30/2023Michael O. MooreSecond Worcester2/8/2023Mathew J. Muratore1st Plymouth2/24/2023Julian CyrCape and Islands2/24/2023James B. EldridgeMiddlesex and Worcester3/6/2023 1 of 2
SENATE DOCKET, NO. 955 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 456
By Mr. Crighton, a petition (accompanied by bill, Senate, No. 456) of Brendan P. Crighton,
Angelo J. Puppolo, Jr., Marc R. Pacheco, Jack Patrick Lewis and other members of the General
Court for legislation to facilitate climate resiliency. Environment and Natural Resources.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to facilitate climate resiliency.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 18C(a) of Chapter 91 of the General Laws, as appearing in the 2020
2Official Edition, is hereby amended in line 9 by striking out the word “section” and replacing it
3with the word “subsection”.
4 SECTION 2. Said section is hereby further amended by inserting after subsection (k) the
5following section: “(l) Notwithstanding any general or special law to the contrary, the
6department shall issue a general license authorizing any publicly beneficial climate resiliency
7project that is designated by a conservation commission, selectmen or mayor under MGL c.131
8S. 40.”
9 SECTION 3. Section 40 of Chapter 131 of the General Laws, as appearing in the 2020
10Official Edition, is hereby amended by adding in the first paragraph, prior to the word “electric”,
11the words “climate resiliency protection”. 2 of 2
12 SECTION 4. Said section, as so appearing, is hereby further amended in line 231 by
13inserting after the words “coastal engineering structures,” the following words:- “climate
14resiliency protection projects,”
15 SECTION 5. Said section is hereby further amended in line 270 by inserting the
16following after the word “therewithin”:- “In the case of a publicly beneficial climate resiliency
17project in support of flood control and storm damage prevention, where temporary or permanent
18loss of a resource area and/or the conversion of one resource area to another is necessary to the
19achievement of the project’s resiliency goals, such conditions shall not include a requirement to
20minimize or mitigate through replication the loss of resource areas. Projects designated by the
21conservation commission, selectmen, or mayor as publicly beneficial climate resiliency projects
22shall be eligible for a general permit under a procedure to be established by the Department
23paralleling that available for ecological restoration projects.”